"A thoughtful book that offers significant insights on the potential perils of imposing restraints in the traditional First Amendment rights."
--A. Leon Higginbotham, Jr.

"A powerful collection of essays challenging the advocates of curbing speech in order to promote equality. Most impressively, these writers make their case not through name-calling, but by taking them seriously, and dissecting, opposing arguments and acknowledging complexities, and by invoking informed common sense in bracing prose."
--Gerald Gunther, author of "The Learned Hand: The Man and the Judge,"

At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, "Speaking of Race, Speaking of Sex" demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas.Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

Does an offender have the "right" to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the "right" to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the "right" to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

This title uses oral history methodology to record stories of people who experienced the brunt of racist forced removals in the city of Cape Town, South Africa. Through life stories and community case studies, it traces the human impact of this disruptive, often violent feature of apartheid's social engineering.

Former slaves, with no prior experience in electoral politics and with few economic resources or little significant social standing, created a sweeping political movement that transformed the South after the Civil War. Within a few short years after emancipation, not only were black men voting but they had elected thousands of ex-slaves to political offices. Historians have long noted the role of African American slaves in the fight for their emancipation and their many efforts to secure their freedom and citizenship, yet they have given surprisingly little attention to the system of governance that freedpeople helped to fashion. Justin Behrend argues that freed-people created a new democracy in the Reconstruction era, replacing the oligarchic rule of slaveholders and Confederates with a grassroots democracy.
"Reconstructing Democracy" tells this story through the experiences of ordinary people who lived in the Natchez District, a region of the Deep South where black political mobilization was very successful. Behrend shows how freedpeople set up a political system rooted in egalitarian values wherein local communities rather than powerful individuals held power and ordinary people exercised unprecedented influence in governance. In so doing, he invites us to reconsider not only our understanding of Reconstruction but also the nature and origins of democracy more broadly.

This invaluable one-stop reference source supplies students and general readers with historical and current information on the victims' rights revolution in the United States, providing analysis on everything from human rights reports to Supreme Court cases that allows the reader to fully understand these documents. Victims' rights represent the greatest change in the criminal justice system within the last 30 years. Victims' Rights: A Documentary and Reference Guide traces the origins, evolution, and results of the victims' rights movement. It puts victims' rights in a legal, historical, and contemporary context, and comprehensively collects important victims' rights documents in a single volume-perfect for students as well as general readers. Bringing together dozens of varied documents such as presidential task force reports and recommendations, Supreme Court cases, state constitutions, human rights reports, critical articles, and political documents, this book is an indispensable resource for those seeking to understand the origins and modern consequences of American victims' rights policy. The author's accompanying commentary and analysis helps the reader to gain a complete comprehension of the significance of these documents, while numerous bibliographic sources provide additional resources for interested readers. Many primary source documents, such as the President's Task Force on Victims of Crime A focused bibliography follows each chapter An index offers easy access to documents and analysis

The human right to survive and develop, a fundamental premise of the "U.N. Convention on the Rights of the Child," can be attained only if adequate living conditions are secured for the child. This book reviews the significance of the physical, mental, spiritual, moral, and social aspects of holistic child development called for by Article 27 of the "Convention." The editors share a vision of childhood wherein the child is accorded dignity, and opportunities exist to promote advancement of human potential. Contributors from several nations and a variety of disciplines, including psychology, law, social work, medicine, economics, and international studies, address the challenge of identifying adequate living conditions across cultures and discuss issues affecting communities and governments as they attempt to fulfill their responsibilities to children and their families. Key themes throughout the book are the significance of the child's perspective, the primacy of the family environment, the need to balance the interests of diverse cultures while reducing historical inequities, and the ecological interdependence of children, families, communities, and nations. The editors and contributors call for organized social and political action to realize the child's right to develop, including ways to measure and monitor children's well-being beyond survival.

During the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, "Forced removal isn't just in the history books." Sabine N. Meyer concurs, noting the prominence of Indian Removal, the nineteenth-century policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries. Removal has functioned both as a specific set of historical events and a synecdoche for settler colonial dispossession of Indigenous communities across hemispheres and generations. It has generated a plethora of Native American writings that negotiate forms of belonging-the identities of Native collectives, their proprietary relationships, and their most intimate relations among one another. By analyzing these writings in connection with domestic settler colonial, international, and tribal law, Meyer reveals their coherence as a distinct genre of Native literature that has played a significant role in negotiating Indigenous identity. Critically engaging with Native Removal writings across the centuries, Meyer's work shows how these texts need to be viewed as articulations of Native identity that respond to immediate political concerns and that take up the question of how Native peoples can define and assert their own social, cultural, and legal-political forms of living, being, and belonging within the settler colonial order. Placing novels in conversation with nonfiction writings, Native Removal Writing ranges from texts produced in response to the legal and political struggle over Cherokee Removal in the late 1820s and 1830s, to works written by African-Native writers dealing with the freedmen disenrollment crisis, to contemporary speculative fiction that links the appropriation of Native intangible property (culture) with the earlier dispossession of their real property (land). In close, contextualized readings of John Rollin Ridge, John Milton Oskison, Robert Conley, Diane Glancy, Sharon Ewell Foster, Zelda Lockhart, and Gerald Vizenor, as well as politicians and scholars such as John Ross, Elias Boudinot, and Rachel Caroline Eaton, Meyer identifies the links these writers create between historical past, narrative present, and political future. Native Removal Writing thus testifies to both the ongoing power of Native Removal writing and its significance as resistance.

Violence against women is a major problem in all countries, affecting women in every socio-economic group and at every life stage. Nowhere in the world do women share equal social and economic rights with men or the same access as men to productive resources. Economic globalization and development are creating new challenges for women's rights as well as some new opportunities for advancing women's economic independence and gender equality. Yet, when women have access to productive resources and they enjoy social and economic rights they are less vulnerable to violence across all societies. The Political Economy of Violence against Women develops a feminist political economy approach to identify the linkages between different forms of violence against women and macro structural processes in strategic local and global sites - from the household to the transnational level. In doing so, it seeks to account for the globally increasing scale and brutality of violence against women. These sites include economic restructuring and men's reaction to the loss of secure employment, the abusive exploitation associated with the transnational migration of women workers, the growth of a sex trade around the creation of free trade zones, the spike in violence against women in financial liberalization and crises, the scourge of sexual violence in armed conflict and post-crisis peacebuilding or reconstruction efforts and the deleterious gendered impacts of natural disasters. Examples are drawn from South Africa, Kenya, the Democratic Republic of Congo, China, Ciudad Juarez in Mexico, the Pacific Islands, Argentina, Eastern Europe, Central Asia, Haiti, Sri Lanka, Indonesia, New Zealand, Ireland, the United Kingdom, the United States and Iceland.

This book explores the alleged uniqueness of the European experience, and investigates its ties to a long history of LGBT and queer movements in the region. These movements, the book argues, were inspired by specific ideas about Europe, which they sought to realize on the ground through activism.

Mississippi is a unique case study as a result of its long-standing defiance of federal civil rights legislation and the fact that nearly half its population was black and relegated to second-class citizenship. According to the vast majority of Mississippi daily press editorials examined between 1948 and 1968, the notion that blacks and whites were equal as races of people was a concept that remained unacceptable and inconceivable. While the daily press certainly did not advocate desegregation, in contrast to what many media critics have reported about the Southern press promoting violence to suppress civil rights activity, Mississippi daily newspapers never encouraged or condoned violence during the time periods under evaluation. Weill places coverage of these important events within a historical context, shedding new light on media opinion in the state most resistant to the precepts of the civil rights movement. This is the first comprehensive examination of civil rights coverage and white supremacist rhetoric in the Mississippi daily press during five key events: the 1948 Dixiecrat protest of the national Democratic platform; the Brown v. Board of Education Supreme Court decision to desegregate public schools in 1954; the court-ordered desegregation of Ole Miss in 1962; Freedom Summer in 1964; and the assassination of Martin Luther King, Jr., in 1968. From nearly 5,000 issues of Mississippi daily newspapers, more than 1,000 editorials and 7,000 news articles are documented in this volume.

View the Table of Contents.
Read the Introduction.

The second amendment is the most hotly debated and controversial right in the Constitution. In light of the recent surge of school shootings and other gun-related crimes, gun policy has become one of our leading national concerns, affecting politicians, gun manufacturers, sport shooters, and ordinary citizens alike.

Showcasing viewpoints from all sides of the gun control debate, Gun Control and Gun Rights, presents the first balanced gun policy textbook for use by undergraduates, graduate students, law students and the general public.

This comprehensive anthology includes selections from legal cases, hunting stories, public policy briefs and journalistic accounts. Anyone looking for a fair, even-handed account of the gun issue will find it in this book.

The first comprehensive study in English of the earliest and largest 'Third-World' migration into pre-war Europe. Full attention is given to the relationship between the society of emigration, undermined by colonialism, and processes of ethnic organisation in the metropolitan context. Contemporary anti-Algerian racism is shown to have deep roots in moves by colonial elites to control and police the migrants and to segregate them from contact with Communism, nationalist movements and the French working class.

Set in Israel in the first decade of the twenty-first century and based on long-term fieldwork, this rich ethnographic study offers an innovative analysis of the Israeli-Palestinian conflict. It explores practices of ""memory activism"" by three groups of Jewish-Israeli and Arab-Palestinian citizens-Zochrot, Autobiography of a City, and Baladna-showing how they appropriated the global model of truth and reconciliation while utilizing local cultural practices such as tours and testimonies. These activist efforts gave visibility to a silenced Palestinian history in order to come to terms with the conflict's origins and envision a new resolution for the future. This unique focus on memory as a weapon of the weak reveals a surprising shift in awareness of Palestinian suffering among the Jewish majority of Israeli society in a decade of escalating violence and polarization--albeit not without a backlash. Contested memories saturate this society. The 1948 war is remembered as both Independence Day by Israelis and al-Nakba (""the catastrophe"") by Palestinians. The walking tour and survivor testimonies originally deployed by the state for national Zionist education that marginalized Palestinian citizens are now being appropriated by activists for tours of pre-state Palestinian villages and testimonies by refugees.

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"This collection of essays could not be timelier...scholars pondering the implications of recent immigration for ethnic and racial politics would do well to look at this collection of essays."--"American Political Science Review"

America is currently in the midst of a major racial and ethnic demographic shift. By the twenty-first century, the population of Hispanics and Asians will increase significantly, while the black population is expected to remain relatively stable. Non-Hispanic Whites will decrease to just over half of the nation's population. How will the changing ethnic and racial composition of American society affect the long struggle for black political power and inclusion? To what extent will these racial and ethnic shifts affect the already tenuous nature of racial politics in American society?

Using the literature on black politics as an analytical springboard, Black and Multiracial Politics in America brings together a broad demography of scholars from various racial and ethnic groups to assess how urban political institutions, political coalitions, group identity, media portrayal of minorities, racial consciousness, support for affirmative action policy, political behavior, partisanship, and other crucial issues are impacted by America's multiracial landscape.

Contributors include Dianne Pinderhughes, M. Margaret Conway, Pei-te Lein, Susan Howell, Mack Jones, Brigitte L. Nacos, Natasha Hritzuk, Marion Orr, Michael Jones-Correa, A.B. Assensoh, Joseph McCormick, Sekou Franklin, Jose Cruz, Erroll Henderson, Mamie Locke, Reuel Rogers, James Endersby, Charles Menifield and Lawrence J. Hanks.

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled "rights talk" leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University

Global mobility refers to movements of people across international borders for any length of time or purpose. In addition to the world's 214 million migrants, there are more than two billion annual border crossings of tourists, students, business people and commuters who travel internationally for stays of less than a year. This volume considers "global mobility" as an alternative concept to "international migration" in order to gain insights into international cooperation on movements of people across international borders; examines a set of interacting global mobility regimes: the established international refugee regime, a latent but strengthening international travel regime and a non-existent but potential international labor migration regime; and explores the possibilities of increasing international cooperation, especially through linkages among these three issue areas.

Exploring language rights politics in theoretical, historical and international context, this book brings together debates from law, sociolinguistics, international politics, and the history of ideas. The author argues that international language rights advocacy supports global governance of language and questions freedoms of speech and expression.

"Scalawag" tells the surprising story of a white working-class boy who became an unlikely civil rights activist. Born in 1935 in Richmond, where he was sent to segregated churches and schools, Ed Peeples was taught the ethos and lore of white supremacy by every adult in his young life. That message came with an equally cruel one--that, as the child of a wage-earning single mother, he was destined for failure.

But by age nineteen Peeples became what the whites in his world called a "traitor to the race." Pushed by a lone teacher to think critically, Peeples found his way to the black freedom struggle and began a long life of activism. He challenged racism in his U.S. Navy unit and engaged in sit-ins and community organizing. Later, as a university professor, he agitated for good jobs, health care, and decent housing for all, pushed for the creation of African American studies courses at his university, and worked toward equal treatment for women, prison reform, and more. Peeples did most of his human rights work in his native Virginia, and his story reveals how institutional racism pervaded the Upper South as much as the Deep South.

Covering fifty years' participation in the long civil rights movement, Peeples's gripping story brings to life an unsung activist culture to which countless forgotten individuals contributed, over time expanding their commitment from civil rights to other causes. This engrossing, witty tale of escape from what once seemed certain fate invites readers to reflect on how moral courage can transform a life.

Winner, Outstanding Scholarly Contribution Award of the Section on Children and Youth, given by the American Sociological Association Finalist for the 2021 C. Wright Mills Award, given by the Society for the Study of Social Problems Latinx children navigating identity, citizenship, and belonging in a divided America An estimated sixty million people in the United States are of Latinx descent, with youth under the age of eighteen making up two-thirds of this swiftly growing demographic. In Growing Up Latinx, Jesica Siham Fernandez explores the lives of Latinx youth as they grapple with their social and political identities from an early age, and pursue a sense of belonging in their schools and communities as they face an increasingly hostile political climate. Drawing on interviews with nine-to-twelve-year-olds, Fernandez gives us rare insight into how Latinx youth understand their own citizenship and bravely forge opportunities to be seen, to be heard, and to belong. With a compassionate eye, she shows us how they strive to identify, and ultimately redefine, what it means to come of age-and fight for their rights-in a country that does not always recognize them. Fernandez follows Latinx youth as they navigate family, school, community, and country ties, richly detailing their hopes and dreams as they begin to advocate for their right to be treated as citizens in full. Growing Up Latinx invites us to witness the inspiring power of young people as they develop and make heard their political voices, broadening our understanding of citizenship.

In 1964, sociologist William McCord, long interested in movements for social change in the United States, began a study of Mississippi's Freedom Summer. Stanford University, where McCord taught, had been the site of recruiting efforts for student volunteers for the Freedom Summer project by such activists as Robert Moses and Allard Lowenstein. Described by his wife as ""an old-fashioned liberal,"" McCord believed that he should both examine and participate in events in Mississippi. He accompanied student workers and black Mississippians to courthouses and Freedom Houses, and he attracted police attention as he studied the mechanisms of white supremacy and the black nonviolent campaign against racial segregation. Published in 1965 by W. W. Norton, his book, Mississippi: The Long, Hot Summer, is one of the first examinations of the events of 1964 by a scholar. It provides a compelling, detailed account of Mississippi people and places, including the thousands of student workers who found in the state both opportunities and severe challenges. McCord's work sought to communicate to a broad audience the depth of repression in Mississippi. Here was evidence of the need for federal action to address what he recognized as both national and southern failures to secure civil rights for black Americans. His field work and activism in Mississippi offered a perspective that few other academics or other white Americans had shared. Historian Francoise N. Hamlin provides a substantial introduction that sets McCord's work within the context of other narratives of Freedom Summer and explores McCord's broader career that combined distinguished scholarship with social activism.

In the second half of the 1980s Japan has emerged as one of the new major destination countries for migrants from Asia. The migrant labour pool was then joined by Japanese descendants from South American countries in the 1990s. Japan's policy of keeping the labour market closed to foreign unskilled workers has remained unchanged despite the 1990 immigration policy reform, which met the growing need for unskilled labour not by opening the 'front-door' to unskilled workers but by letting them in through intentionally-provided 'side-doors'. This book throws light on various aspects of migration flows to Japan and the present status of migrant workers as conditioned by Japan's immigration control system. The analysis aims to explore how the massive arrival of migrants affected Japan's immigration policy and how the policy segmented the foreign labour market in Japan.

One of this century's greatest tragedies, and one of our greatest challenges, has been the movement of millions of refugees. . . . This book, by an expert in the field, gives a comprehensive view of where we have been, and where we are likely to go, in coping with this world's endless stream of refugees. Senator Edward M. Kennedy, Chairman, Subcommittee on Immigration and Refugee Affairs This survey of post-World War II refugees by a former UN Deputy High Commissioner for Refugees focuses on those assisted through the United Nations and its affiliated Refugees (UNHCR), the International Committee for Migration, and the World Food Program. . . . Smyser argues that refugee problems and crises are far from over and will continue to require urgent international cooperative treatment. He presents a lengthy agenda with recommendations `to preserve the global structure of refugee protection and care, to help those who need help, to prevent abuse, and to bring refugee concepts and practices into a framework appropriate to our troubled times. Choice